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Instagram can be a powerful marketing tool for your business and a brilliant way to attract a new customer base through your online following. In 2025, many businesses continue to leverage Instagram not only to showcase their creative content but also to build a global presence.
However, as you amass a larger following, the risk of your content being reposted or shared without your permission also increases. This unauthorised sharing could constitute an infringement of your intellectual property rights, whether it involves your registered trade mark or your copyrighted material. For more guidance on protecting your intellectual property, see our comprehensive guide on Intellectual Property.
We’ll take you through the best ways to prevent infringement, address any breaches and advise on how to ensure you avoid infringing others’ rights as well.
Do I Own the Copyright on My Instagram Post?
Yes, if you are the original creator.
Under New Zealand intellectual property law, copyright is an automatic right that comes into existence the moment you create something original. There is no need for registration for everyday creative works. We’ve broken down the key elements of copyright law here. In 2025, these statutory protections remain robust and ensure that your creative content is safeguarded without additional formalities.
When you post an original photo or video to Instagram, you retain your copyright over that content. However, uploading your material also effectively grants Instagram a licence to host and use your content in specific ways, as detailed in their updated terms.
Instagram’s Non-Exclusive Rights
In Instagram’s Terms of Use, it states that:
“When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content…”
These rights are non-exclusive, which means that your copyright ownership remains intact. In other words, although you continue to own your content, you are providing Instagram with extensive rights to use it globally. For further details on how such licences work, you might find our article on licence agreements useful.
According to Instagram’s policy, they may sub-licence or transfer their rights over your content to a third party without seeking additional permission from you. They could also use your content for their own purposes, to publicly display it, or even to create derivative works, such as adaptations or reproductions. This approach has been refined in their 2025 update to keep pace with evolving digital trends.
You can choose to terminate this licence simply by deleting your content from Instagram, either by removing individual posts or by closing your entire account.
How Do I Prevent Someone from Infringing My Copyright?
If a third party publishes, reproduces or communicates your original content from Instagram without permission (or without complying with Instagram’s Terms of Use), they may be infringing your copyright. This remains true even if they credit you as the author or make minor modifications to the content.
To discourage unauthorised use of your material, consider the following strategies:
1. Use the © Symbol
As we’ve mentioned, copyright arises automatically in New Zealand, so you don’t need to register your work. Although displaying the copyright symbol © is not legally required, it serves as an effective visual reminder that your content is protected. This can deter potential infringers who might otherwise assume the content is in the public domain.
2. Add a Watermark to Your Content and Post Low-Resolution Images
Applying a watermark or your brand logo to your photos and videos is a strong method to assert your copyright. It not only discourages unauthorised reproduction but also directs viewers back to your business. If you are a professional photographer, consider posting low-resolution versions of your images online. This approach limits the quality of potential reproductions whilst still showcasing your work effectively. For more tips on protecting your creative work, check out our trade mark protection services.
3. Include a Link to Your Website or Contact Form on Your Instagram
Make sure there is a clear way for users to contact you, which could be via a link to your website or a dedicated contact form. Being easily reachable encourages others to seek permission before using your content. For advice on setting up professional online terms, you might find our insights on website terms and conditions very helpful.
Moreover, regularly reviewing your social media strategies in light of the latest legal updates ensures that your measures for copyright protection remain effective. Our guide on legal tips for social media offers more strategies tailored to the latest 2025 standards.
What Do I Do If My Copyright Is Infringed Anyway?
If a third party uses or reproduces your Instagram content without permission, there are several steps you can take to address the infringement.
Send a Message
Initially, it can be a quick and cost-effective solution to directly contact the person who has reposted your content. Often, the infringer may not be aware that they have used your work without permission and may be willing to remove it upon request.
Take-Down Notices
You can report copyright infringement directly to Instagram by using their notice-and-takedown procedure. This involves filling out an online form with the URL link to the infringing content and providing a detailed description of how it violates your copyright. Instagram will then review and, if necessary, remove the content. For more information on digital copyright management, refer to our digital legal services.
| Example of a Take-Down Notice in Practice (Tokyo) Recently, Olympic champion Elaine Thompson-Herah had video clips of her races reposted without permission on Instagram. A timely takedown notice issued by the International Olympic Committee, who hold exclusive copyright over the clips, resulted in the content being removed promptly. |
Getting Legal Advice
If the unauthorised use persists, you may wish to seek legal advice about sending a cease and desist letter, claiming compensation, or escalating the matter through the courts. For tailored advice on intellectual property disputes in New Zealand, our experienced team of lawyers is here to help.
If someone has misused your registered trade mark, additional remedies such as sending a cease and desist letter or taking court action might be available. A trade mark represents your brand and ensuring it remains protected is crucial for your business’s reputation.
How Do I Safely Repost Other Users’ Content?
If you wish to repost another user’s Instagram content, proceed cautiously to avoid copyright infringement.
Generally, you should avoid sharing content that you did not create, including photos, videos, Reels, or even the background music in a video. However, if you need to share such content, here are some tips to protect yourself:
1. Ask for Permission Before Reposting
Always obtain written permission from the original creator before sharing their content. You can connect via direct message, comment on their post, or contact them through their website. They may authorise you to share their work, sometimes even for a fee or simply on the condition that you credit them. Our guidelines on content sharing can offer further clarity.
2. Check the Fair Dealing Exceptions
New Zealand law provides several ‘fair dealing’ exceptions which protect the use of copyrighted material for purposes such as research, criticism, review, parody, satire, news reporting, and professional advice. As long as your use of someone else’s content fits within these exceptions, it is less likely to be considered infringement. We’ve discussed some of these exceptions in more detail here.
Additionally, staying informed about updates in copyright law and social media policies in 2025 helps you maintain best practices for ethical content sharing. For more detailed legal updates, explore our legal tips and guides.
Need Help?
The key takeaway is to remain vigilant about your copyright ownership when using Instagram. If you upload something, you own the intellectual property rights to that content and it should not be shared or reposted without your permission.
If you would like assistance with protecting your intellectual property, please do not hesitate to contact us here. Our team can help you register your trade mark or ensure your work is duly protected under the appropriate agreements. You can also reach us at [email protected] or on 0800 002 184 for a free, no-obligation chat.
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